Case: Rabinowitz v. United States

U.S. District Court for the Middle District of Georgia

Filed Date: 1960

Closed Date: July 20, 1966

Clearinghouse coding complete

Case Summary

In these federal criminal cases, a Student Nonviolent Coordinating Committee (SNCC) member, as well as four Black civil rights demonstrators, were charged and convicted of perjury in the U.S. District Court for the Middle District of Georgia. On appeal, the en banc U.S. Court of Appeals for the Fifth Circuit held, in an opinion by Judge Richard Rives, that the Middle District's jury commissioner violated the Civil Rights Act of 1957 when he selected a jury that did not include any Black members. 366 F.2d 34. The Court of Appeals reversed the defendants' convictions and ordered that the indictments against them be dismissed, ending their criminal cases.

Summary Authors

Jonah Hudson-Erdman (11/18/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5032387/parties/mackmuhammad-v-cagles-inc/


Judge(s)

Bell, Griffin Boyette (Georgia)

Coleman, James Plemon (Louisiana)

Gewin, Walter Pettus (Alabama)

Rives, Richard Taylor (Alabama)

Other Attorney(s)

Active

Judge(s)

Bell, Griffin Boyette (Georgia)

Coleman, James Plemon (Louisiana)

Gewin, Walter Pettus (Alabama)

Rives, Richard Taylor (Alabama)

Other Attorney(s)

Herman, Stuart (District of Columbia)

Documents in the Clearinghouse

Document

Opinion

U. S. Court of Appeals for the Eleventh Circuit

366 F.2d 34

July 20, 1966 Order/Opinion

Memorandum

No Court

Aug. 26, 1966 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5032387/mackmuhammad-v-cagles-inc/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against Cagle's Inc., Brian Graves, Brandon Cryar, Anthony Ingram filed by Johnathan J. Mack-Mohammad. Status Review deadline is 1/27/2009 (Attachments: # 1 Exhibit - A, # 2 Exhibit - B)(tlf). (Entered: 01/25/2008)

2 Exhibit - A

View on PACER

3 Exhibit - B

View on PACER

Jan. 25, 2008 RECAP
2

MOTION for Leave to Proceed in forma pauperis filed by Johnathan J. Mack-Mohammad(tlf). (Entered: 01/25/2008)

Jan. 25, 2008 PACER
3

REFERRED 2 MOTION for Leave to Proceed in forma pauperis to Judge Faircloth (tlf). (Entered: 01/25/2008)

Jan. 25, 2008 PACER

CERTIFICATE OF SERVICE - I certify that on this date I have mailed by United States Postal Service a copy of 3 Order Referring 2 motion including any attachments filed with this document to all non-CM/ECF participants as indicated on the Notice of Electronic Filing. By Timothy L. Frost, Deputy Clerk (tlf).

Jan. 25, 2008 PACER
4

ORDER granting 2 Motion for Leave to Proceed in forma pauperisOrdered by U.S. Mag. Judge G. Mallon Faircloth on 1/28/08 (GMF) (Entered: 01/28/2008)

Jan. 28, 2008 PACER

CERTIFICATE OF SERVICE - I certify that on this date I have mailed by United States Postal Service a copy of 4 Order on Motion for Leave to Proceed in forma pauperis including any attachments filed with this document to all non-CM/ECF participants as indicated on the Notice of Electronic Filing. By Timothy L. Frost, Deputy Clerk (tlf).

Jan. 29, 2008 PACER
5

USM285 Process Receipt and Return Issued for Cagle's Inc. (tlf). (Entered: 01/29/2008)

Jan. 29, 2008 PACER
6

USM285 Process Receipt and Return Issued for Brian Graves (tlf). (Entered: 01/29/2008)

Jan. 29, 2008 PACER
7

USM285 Process Receipt and Return Issued for Brandon Cryar (tlf). (Entered: 01/29/2008)

Jan. 29, 2008 PACER
8

USM285 Process Receipt and Return Issued for Anthony Ingram (tlf). (Entered: 01/29/2008)

Jan. 29, 2008 PACER
9

NOTICE of Change of Address of Defendants by Johnathan J. Mack-Mohammad (tlf). (Entered: 03/12/2008)

March 12, 2008 PACER
10

USM285 Process Receipt and Return re-issued for Cagle's Inc. (tlf). (Additional attachment(s) added on 12/10/2008: # 1 Notice/Waiver Mailed by USMS on 3/17/08) (esl). (Entered: 03/14/2008)

March 14, 2008 PACER
11

USM285 Process Receipt and Return re-issued for Brandon Cryar (tlf). (Additional attachment(s) added on 12/10/2008: # 1 Notice/Waiver mailed by USMS 3/17/08) (esl). (Entered: 03/14/2008)

March 14, 2008 PACER
12

USM285 Process Receipt and Return re-issued for Brian Graves (tlf). (Entered: 03/14/2008)

March 14, 2008 PACER
13

USM285 Process Receipt and Return re-issued for Anthony Ingram (tlf). (Entered: 03/14/2008)

March 14, 2008 PACER
14

USM285 Forms issued 1/29/08 returned unexecuted - (tlf). (Entered: 03/18/2008)

March 18, 2008 PACER
15

USM285 Process Receipt and Return Unexecuted for Brian Graves (tlf). (Entered: 03/24/2008)

March 24, 2008 PACER
16

USM285 Process Receipt and Return Unexecuted for Anthony Ingram (tlf). (Entered: 03/24/2008)

March 24, 2008 PACER
17

USM285 Process Receipt and Return Re-Issued for Cagle's Inc., and Brandon Cryar. Pursuant to the Standing Order dated 1/30/2001, personal service is hereby requested on these named defendants. (Attachments: # 1 Cryar 285)(esl) (Entered: 12/04/2008)

Dec. 4, 2008 PACER
18

Summons Issued as to Cagle's Inc. on 12/4/2008; Brandon Cryar on 12/4/2008. (Attachments: # 1 Cryar summons)(esl) (Entered: 12/04/2008)

Dec. 4, 2008 PACER
19

USM285 Process Receipt and Return - Personal Service Executed for Anthony Ingram. (esl) (Entered: 12/10/2008)

Dec. 4, 2008 PACER
20

USM285 Process Receipt and Return - Personal Service unexecuted - address not valid for Brian Graves. (esl) (Entered: 12/10/2008)

Dec. 4, 2008 PACER
21

MOTION to Dismiss Complaint re 1 Complaint : by Anthony Ingram filed by Paul Oliver.(Oliver, Paul) (Entered: 12/11/2008)

Dec. 11, 2008 PACER
22

MOTION to Dismiss Complaint re 1 Complaint : by Brandon Cryar filed by Paul Oliver.(Oliver, Paul) (Entered: 12/11/2008)

Dec. 11, 2008 PACER
23

MOTION to Dismiss Complaint re 1 Complaint : by Cagle's Inc. filed by Paul Oliver.(Oliver, Paul) (Entered: 12/11/2008)

Dec. 11, 2008 PACER
24

USM285 Process Receipt and Return executed for Brandon Cryar (tlf). (Entered: 12/15/2008)

Dec. 15, 2008 PACER
25

RULES 16/26 ORDER: Proposed Scheduling/Discovery order due by 1/30/2009. Ordered by Judge Clay D. Land on 12/16/2008. (pgs) (Entered: 12/16/2008)

Dec. 16, 2008 PACER
26

RESPONSE filed by Johnathan J Mack-Muhammed to 21 MOTION to Dismiss, 22 MOTION to Dismiss, and 23 MOTION to Dismiss (tlf). (Entered: 12/17/2008)

Dec. 17, 2008 PACER
27

SUMMONS Returned Executed as to Cagle's Inc. (tlf). (Entered: 12/24/2008)

Dec. 24, 2008 PACER
28

Arbitration Referral Letter sent 12/29/2008 Arbitration Opt Out Letter due by 1/21/2009}.(trh) (Entered: 12/29/2008)

Dec. 29, 2008 PACER

This is a text only entry; no document issued. ORDER denying 21 Motion to Dismiss Complaint; denying 22 Motion to Dismiss Complaint; denying 23 Motion to Dismiss Complaint. Defendants seek to have Plaintiff's complaint dismissed without prejudice because of untimely service. Since the Court finds that the untimely service was not due to Plaintiff's lack of diligence, the Court denies these motions to dismiss. The Court permitted Plaintiff to file his complaint in forma pauperis. Thus, the Court undertook steps to have the complaint served by forwarding it to the Marshal's Service. It appears that the Marshal sent the Complaint to Defendants requesting waiver of service pursuant to applicable law. Defendants apparently refused to waive service for some reason. After this refusal to waive service, there was a delay in making sure service was made personally. The Clerk's office ultimately informed the Marshal that personal service was necessary which was subsequently accomplished. Defendants' motions to dismiss lack merit and are denied. Ordered by Judge Clay D. Land on January 16, 2009 (CDL)

Jan. 16, 2009 PACER
29

ANSWER to 1 Complaint by Cagle's Inc..(Oliver, Paul) (Entered: 01/26/2009)

Jan. 26, 2009 PACER
30

ANSWER to 1 Complaint by Brandon Cryar.(Oliver, Paul) (Entered: 01/26/2009)

Jan. 26, 2009 PACER
31

ANSWER to 1 Complaint by Anthony Ingram.(Oliver, Paul) (Entered: 01/26/2009)

Jan. 26, 2009 PACER
32

Corporate Disclosure Statement by Cagle's Inc. (Oliver, Paul) (Entered: 01/26/2009)

Jan. 26, 2009 PACER
33

Notice of Error in Filing (related document(s): 32 Corporate Disclosure Statement filed by Cagle's Inc.) (tlf). (Entered: 01/27/2009)

Jan. 27, 2009 PACER
34

RULES 16/26 ORDER: Proposed Scheduling/Discovery order due by 3/23/2009. Ordered by Judge Clay D. Land on 2/5/2009. (pgs) (Entered: 02/05/2009)

Feb. 5, 2009 PACER
35

Corporate Disclosure Statement by Cagle's Inc. identifying Corporate Parent Cagle's, Inc., Other Affiliate Cagle Farms, Inc., Other Affiliate Cagle Foods JV, LLC, Other Affiliate Equity Group-Georgia Division, LLC for Cagle's Inc.. (Jennings, Kathleen) (Entered: 02/11/2009)

Feb. 11, 2009 PACER
36

MOTION for Leave to File Unilaterally File Proposed Rules 16 and 26 Scheduling Order by Cagle's Inc., Brian Graves, Brandon Cryar, Anthony Ingram filed by Kathleen J. Jennings.(Jennings, Kathleen) (Entered: 03/18/2009)

March 18, 2009 PACER

This is a text only entry; no document issued. ORDER granting 36 Motion for Leave to File Defendant's proposed discovery/scheduling order. Ordered by Judge Clay D. Land on 3/20/2009 (pgs)

March 20, 2009 PACER

Proposed Scheduling/Discovery Order Received (tlf).

March 23, 2009 PACER
37

RULE 26(a)(3) DISCLOSURE by Cagle's Inc., Brian Graves, Brandon Cryar, Anthony Ingram.(Jennings, Kathleen) (Entered: 03/24/2009)

March 24, 2009 PACER
38

Notice of Error in Filing (related document(s): 37 Rule 26(a)(3) Disclosure filed by Brandon Cryar, Cagle's Inc., Anthony Ingram, Brian Graves ) (tlf). (Entered: 03/24/2009)

March 24, 2009 PACER
39

CERTIFICATE OF SERVICE I certify that on this date I have mailed by United States Postal Service a copy of including any attachments filed with this document to all non CM/ECF participants as indicated on the Notice of Electronic Filing. (Jennings, Kathleen) (Entered: 03/25/2009)

March 25, 2009 PACER
40

CERTIFICATE OF SERVICE I certify that on this date I have mailed by United States Postal Service a copy of including any attachments filed with this document to all non CM/ECF participants as indicated on the Notice of Electronic Filing. (Jennings, Kathleen) (Entered: 03/25/2009)

March 25, 2009 PACER
41

SCHEDULING/DISCOVERY ORDER: Discovery to be complete by 7/26/2009. Dispositive Motions due by 8/26/2009. Ordered by Judge Clay D. Land on 3/25/09. (tls) (Entered: 03/26/2009)

March 26, 2009 PACER
42

Notice of Error in Filing (related document(s): 40 Certificate of Service, filed by Brandon Cryar, Cagle's Inc., Anthony Ingram, Brian Graves, 41 Scheduling/Discovery Order) (tlf). (Entered: 03/26/2009)

March 26, 2009 PACER
43

Arbitration Hearing Scheduled for May 13, 2009 (hrm) (Entered: 04/03/2009)

April 3, 2009 PACER

Plaintiff's Proposed Scheduling/Discovery Order Received (tlf).

April 6, 2009 PACER
44

MOTION for Extension of Time to File to respond request for production of documents filed by Jonathan J Mack-Muhammad(tlf). (Entered: 04/28/2009)

April 28, 2009 PACER

Arbitration Hearing held on 5/13/2009 (hrm)

May 13, 2009 PACER

This is a text only entry; no document issued. ORDER granting 44 Motion for Extension of Time. Plaintiff's unopposed motion for 30 day extension to respond to requests for production is granted. Plaintiff shall serve his responses within 30 days of the date that those responses are otherwise due. Ordered by Judge Clay D. Land on 5/26/2009 (pgs)

May 27, 2009 PACER
45

ARBITRATION AWARD (SEALED) (Attachments: # 1 Certificate of Service, # 2 Notice)(hrm) (Entered: 05/29/2009)

May 27, 2009 PACER
46

REQUEST for Trial De Novo by Jonathan J MackMuhammad (tlf). (Entered: 06/02/2009)

June 2, 2009 PACER
47

MOTION issuance of subpoenas filed by Jonathan J MackMuhammad(tlf). (Entered: 06/02/2009)

June 2, 2009 PACER
48

MOTION for funds to Order arbitration hearing transcript filed by Jonathan J MackMuhammad(tlf). (Entered: 06/29/2009)

June 29, 2009 PACER
49

MOTION for Extension of Time to Complete Discovery by Cagle's Inc., Brian Graves, Brandon Cryar, Anthony Ingram filed by Kathleen J. Jennings.(Jennings, Kathleen) (Entered: 07/28/2009)

July 28, 2009 PACER

This is a text only entry; no document issued. ORDER granting 49 Motion for Extension of Time to Complete Discovery. Discovery extended through 8/5/2009 and dispositive motions deadline extended through 9/8/2009. Ordered by Judge Clay D. Land on 7/29/2009 (pgs)

July 29, 2009 PACER
50

RESPONSE filed by Cagle's Inc., Brian Graves, Brandon Cryar, Anthony Ingram re 47 MOTION issuance of subpoenas (Jennings, Kathleen) (Entered: 08/07/2009)

Aug. 7, 2009 PACER

This is a text only entry; no document issued. ORDER denying 47 Motion for issuance of subpoenas. Plaintiff's request is premature and is denied. After deciding all dispositive motions, the Court will schedule a pretrial conference at which time the case will be set down for trial if the dispositive motions are denied. At that time, the parties will be required to list their witnesses and subpoenas can be issued.Ordered by Judge Clay D. Land on August 10, 2009 (CDL)

Aug. 10, 2009 PACER

REFERRED 48 MOTION for funds to Order arbitration hearing transcript to U.S. Magistrate Judge G. Mallon Faircloth (tlf).

Aug. 10, 2009 PACER

This is a text only entry; no document issued. ORDER finding as moot 48 Motion for copy of arbitration hearing transcript. There was no court reporter present at the arbitration hearing, nor recording of the proceedings made. Thus, there is nothing to transcribe. Ordered by U.S. Mag. Judge G. Mallon Faircloth on 8/10/2009 (GMF)

Aug. 10, 2009 PACER
51

MOTION for Extension of Time to File File Dispositive Motions. by Cagle's Inc., Brian Graves, Brandon Cryar, Anthony Ingram filed by Kathleen J. Jennings.(Jennings, Kathleen) (Entered: 09/02/2009)

Sept. 2, 2009 PACER

This is a text only entry; no document issued. ORDER granting 51 Motion for Extension of Time within which to file dispositive motions. Dispositive motions deadline is extended through 9/22/2009. Ordered by Judge Clay D. Land on 9/3/2009 (pgs)

Sept. 3, 2009 PACER
52

MOTION for Leave to File Excess Pages for Defendant's Memorandum in Support of Their Motion for Summary Judgment by Cagle's Inc., Brian Graves, Brandon Cryar, Anthony Ingram filed by Kathleen J. Jennings.(Jennings, Kathleen) (Entered: 09/18/2009)

Sept. 18, 2009 PACER

This is a text only entry; no document issued. ORDER granting 52 Motion for Leave to File Excess Pages. Defendants' brief in support of its motion for summary judgment shall not exceed 26 pages. Ordered by Judge Clay D. Land on 9/21/2009 (pgs)

Sept. 21, 2009 PACER
53

MOTION for Summary Judgment by Cagle's Inc., Brian Graves, Brandon Cryar, Anthony Ingram filed by Kathleen J. Jennings. (Attachments: # 1 Memorandum in Support, # 2 Appendix, # 3 Exhibit A - Graves Declaration, # 4 Exhibit B - Arbitration Transcript Pages, # 5 Exhibit C - Mack Deposition Transcript Pages, # 6 Exhibit D - Unpublished Case Decisions)(Jennings, Kathleen) (Entered: 09/22/2009)

Sept. 22, 2009 PACER
54

Statement of Material Facts filed by Cagle's Inc., Brian Graves, Brandon Cryar, Anthony Ingram re 53 MOTION for Summary Judgment (Jennings, Kathleen) (Entered: 09/22/2009)

Sept. 22, 2009 PACER
55

MOTION to Seal Document(s) 53 MOTION for Summary Judgment by Cagle's Inc., Brian Graves, Brandon Cryar, Anthony Ingram filed by Kathleen J. Jennings.(Jennings, Kathleen) (Entered: 09/23/2009)

Sept. 23, 2009 PACER
56

Certification of Need to File Discovery by Cagle's Inc., Brandon Cryar, Anthony Ingram(tlf). (Entered: 09/24/2009)

Sept. 24, 2009 PACER
57

DEPOSITION of Jonathan J. Mack-Muhammed taken on August 5, 2009 filed by Cagle's Inc., Brandon Cryar, Anthony Ingram(tlf). (Entered: 09/24/2009)

Sept. 24, 2009 PACER
58

RESPONSE filed by Jonathan J MackMuhammad re 53 MOTION for Summary Judgment (tlf). (Entered: 10/26/2009)

Oct. 26, 2009 PACER

Reset Reply Deadline as to 53 MOTION for Summary Judgment (tlf).

Oct. 26, 2009 PACER
59

ORDER advising Plaintiff of the significance of Defendants' Motion for Summary Judgment 53 . Ordered by Judge Clay D. Land on 10/27/2009. (CGC) (Entered: 10/27/2009)

Oct. 27, 2009 PACER
60

RESPONSE filed by Jonathan J MackMuhammad re 53 MOTION for Summary Judgment (Attachments: # 1 Exhibits)(tlf). (Entered: 10/29/2009)

Oct. 29, 2009 PACER
61

REPLY to Response filed by Cagle's Inc., Brian Graves, Brandon Cryar, Anthony Ingram re 53 MOTION for Summary Judgment (Jennings, Kathleen) (Entered: 11/13/2009)

Nov. 13, 2009 PACER
62

EXHIBIT(S) Arbitration Hearing Transcript Page 1 by Cagle's Inc., Brian Graves, Brandon Cryar, Anthony Ingram re 53 MOTION for Summary Judgment (Jennings, Kathleen) (Entered: 12/17/2009)

Dec. 17, 2009 PACER
63

ORDER granting 53 Motion for Summary Judgment. Ordered by Judge Clay D. Land on 01/04/2010. (CGC) (Entered: 01/04/2010)

Jan. 4, 2010 RECAP
64

JUDGMENT (tlf). (Entered: 01/04/2010)

Jan. 4, 2010 PACER
65

BILL OF COSTS by Cagle's Inc., Brian Graves, Brandon Cryar, Anthony Ingram (Attachments: # 1 Itemization of Costs, # 2 Arbitration Transcript Invoice, # 3 Jonathan Mack-Muhammed Deposition Transcript Invoice)(Jennings, Kathleen) (Entered: 01/13/2010)

Jan. 13, 2010 PACER
66

NOTICE OF APPEAL as to 64 Judgment by Jonathan J. MackMuhammad (tlf). (Entered: 01/19/2010)

Jan. 19, 2010 PACER
67

TRANSCRIPT INFORMATION FORM by Jonathan J MackMuhammad re 66 Notice of Appeal. NO TRANSCRIPTS ORDERED (tlf). (Entered: 01/19/2010)

Jan. 19, 2010 PACER
68

Letter of Transmittal re 66 Notice of Appeal. Certified Copy of Notice of Appeal, Docket Sheet, Order and Judgment mailed to USCA. NOTICE: A Civil Appeal Statement must be filed with the Court of Appeals. A copy of this form may be obtained from the District Clerk's Office or the district court internet site (www.gamd.uscourts.gov) (tlf). (Entered: 01/19/2010)

Jan. 19, 2010 PACER
69

USCA Case Number re 66 Notice of Appeal filed by Jonathan J MackMuhammad (tlf). (Entered: 01/26/2010)

Jan. 26, 2010 PACER
70

Certificate of Readiness of Record on Appeal forwarded to USCA re 66 Notice of Appeal (Attachments: # 1 Appeal Docket Sheet)(tlf). (Entered: 02/02/2010)

Feb. 2, 2010 PACER
71

TAXATION OF COSTS in the amount of $2,495.20 against Plaintiff (tls) (Entered: 02/16/2010)

Feb. 11, 2010 PACER
72

USCA Appellate JUDGMENT affirming district court as to 66 Notice of Appeal filed by Jonathan J MackMuhammad (Attachments: # 1 Opinion)(tlf). (Entered: 08/13/2010)

Aug. 13, 2010 PACER
73

Appeal Record Returned (tlf). (Entered: 08/13/2010)

Aug. 13, 2010 PACER

NOTICE TO COUNSEL: This case has been closed, therefore deposition transcripts filed in paper form in this case, with the exception of those filed by court reporters or any other transcripts filed electronically, will be destroyed unless the filer(s) of those documents makes arrangements with the Clerk's Office to retrieve them within 14 days from the date of this notice (tlf).

Aug. 13, 2010 PACER

State / Territory: Georgia

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: 1960

Closing Date: July 20, 1966

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Several defendants charged with civil rights movement related crimes in federal court and convicted by an all-white jury.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States (Macon, Macon), Federal

Case Details

Special Case Type(s):

Criminal

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Plaintiff

Source of Relief:

Litigation

Issues

General:

Courts

Racial segregation

Discrimination-basis:

Race discrimination

Race:

Black